C P Anand And ORS v. Sai Bhakta Samaj (Regd)

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C P ANAND AND ORS ..... Petitioners Through Mr.Nitendra Sharma, Advocate versus SAI BHAKTA SAMAJ (REGD) ..... Respondent Through Mr.Skhekhar Dasi & Mohd. Talha, Advocates

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 02.08.2016 1.

By the present petition, the petitioners seek to transfer the suits being CS Nos.365/2012 titled Deepak Nabe v. Sai Bhakta Samaj and 228/2012 titled K.C.Verma v. Sai Bhakta Samaj pending in the court of Ms.Anu Malhotra, District Judge South, Saket, New Delhi to the court of Sh.Puran Chand, the learned Additional District Judge, South East District Saket, New Delhi.

2.

The learned counsel appearing for the petitioner relied upon an earlier order dated 20.04.2015 passed by this court in CS(OS) No.2479/2013 to contend that as per order of this court dated 20.04.2016 itself, the present four matters had to be heard together. He submits that now only the suit being CS(OS) Nos.2479/2013 titled C.P.Anand & Ors. v. Sai Bhakta Samaj (Regd.) and 699/2009, Sai Bhakta Samaj v. Sh.S.K. Kapoor & Ors. are being heard together in the court of Sh.Puran Chand, the learned Additional District Judge, South East District Saket, New Delhi. He also submits that

other matters being CS (OS) Nos.365/2012 titled Deepak Nabe v. Sai Bhakta Samaj and 228/2012 titled K.C.Verma v. Sai Bhakta Samaj are pending in the court of Ms.Anu Malhotra, District Judge South, Saket, New Delhi. He further submits that these two matters have to be heard together by same court.

3.

The order passed by this court dated 20.04.2015 reads as follows: "IA No. 20966/2013 This is an application filed by the defendant seeking consolidation of different civil suits to be heard by this Court. Learned counsel for the plaintiff states that he has no objection to the same. The application is allowed.

The following suits are ordered to be transferred to this High Court to be heard along with the present suit:- Suit Nos.

Title Court 365/2012 Deepak Nabe v.

Sai Bhakta Samaj Senior Civil Judge, Saket Courts 228/2012 K.C. Verma v. Sai Bhakta Senior Civil Judge, Saket Courts 699/2009 Sai Bhakta Samaj v. Sh.

Samaj Senior Civil Judge, Tis Hazari Courts S.K. Kapoor & Ors.

It is urged that these suits are connected matters and relate to appointment of Administrator, verification of list of members and holding of election of defendants." 4.

In view of the above, it is clear from the order dated 20.04.2015 that these suits be heard together. Accordingly, the present petition is allowed. The suits being CS (OS) Nos.365/2012 titled Deepak Nabe v. Sai Bhakta Samaj and CS No. 228/2012 titled K.C.Verma v. Sai Bhakta Samaj which are pending in the court of Ms.Anu Malhotra, District Judge South, Saket,

New Delhi be transferred to the court of Sh.Puran Chand, the learned Additional District Judge, South East District Saket, New Delhi. The present petition stands disposed of.

JAYANT NATH, J.

AUGUST 02, 2016/v